Karvonen v. Lerer

In Karvonen v. Halmetoja, 7 Mass. App. Ct. 855 (1979), the plaintiff appealed from a portion of a judgment entered in a Probate Court, and this court, in reversing that specified segment of the judgment, made no order relative to the costs of the appeal under Mass.R.A.P. 26(a), 365 Mass. 873 (1974). After the issuance of the rescript, Mass.R.A.P. 28, 365 Mass. 877 (1974), the plaintiff asked the Probate Court to order payment of those costs by the defendants under that clause of rule 26(a) which directs that “if a judgment is reversed, costs shall be taxed against the ap-pellee unless…